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Mediation Blog

November 16, 2022 -   No couple gets married expecting to be divorced, but when creating a prenuptial agreement most couples decide to include a term defining what will be considered marital and separate property. If the couple defines them in a way that limits them, then obviously, there will be limited assets subject to distribution if they do get divorced. If you would like more information about mediation and prenups, check out my website — ClarePiroMediation.com. [...]

November 1, 2022 -   It’s that time of year when ghosts and goblins abound, scaring the kids and sometimes the adults as well. The overall feeling of being scared, anxious and out of control is very similar to how divorcing parents feel, especially when it comes to their children. A Child Specialist can advise you in ways to help combat those emotions. [...]

October 13, 2022 -   In New York, there is a statute that gives a surviving spouse the right to elect against the Will of a deceased spouse, if that Will leaves them with less than the greater of a third of the estate or $50,000. In a prenup, you can waive that Right of Election if circumstances warrant it. Mediation is a good place to talk about your expectations and what would be appropriate to maintain your standard of living. If you would like more information about mediation a [...]

September 28, 2022 -   Prenups get a bad rap, but there are times when they may be appropriate. This video looks at some circumstances where one party may have a concern that they feel would be addressed best with a prenup. Valid reasons or not, this could still be a difficult conversation to have with your fiance, so have the discussion as far in advance of your marriage as you can. If you would like more information about mediation and prenups, check out my website — ClarePir [...]

September 15, 2022 - {3 minutes to read} If you and your spouse have a lot of conflict between you, you're going to want to have as much detail as possible in your parenting agreement. Here are a few tips that can help you to achieve that during your mediation.  1. Speak Up.    Clearly, your mediator is going to be aware of the level of conflict between the two of you and will raise the issues that are most commonly addressed in Separation Agreements in terms of parent [...]

August 10, 2022 -   So, what is a sunset clause? By definition, it means that after a defined period of time, the clause has no effect. In a prenup, a sunset clause can take different forms but usually refers to voiding the agreement or only certain terms of the agreement after a period of time. In some cases, certain terms are actually expanded. Whether or not it's right for you is clearly something that the two of you need to decide. If you would like more information about medi [...]

July 13, 2022 - Sometimes there isn’t a lot of conflict between you and your spouse, and you feel that you won’t have any problems with joint decision making but including a default provision in your agreement, just in case things don't go as expected, might be wise. If you would like more information about mediation and joint decision making, check out my website — ClarePiroMediation.com. [...]

June 24, 2022 -   This video is about hope and the support that my friend Julie received from the group Support Connection, prior to her death from ovarian cancer. Like anyone given this diagnosis, she felt alone and scared and had no idea where to turn for help. But then, she found Support Connection, a lifeline for women who have breast or ovarian cancer. Julie not only found hope but was able to give support and inspiration to others. So much so, that in 2018 she was given th [...]

June 8, 2022 -   In a recent video, available on my website, I described what, in addition to having a signed separation agreement, a successful mediation would look like. In this follow up video, I talk about three things clients who experience those positive outcomes have in common. After watching the video, If you think that mediation is the process for you, check out my website — ClarePiroMediation.com, where there are many more articles and blogs on all things divorc [...]

May 24, 2022 -   As is often the answer to questions like this, it depends. In this case, however, the answer may depend on how you define success. What are your measurement criteria? Just ending up with a signed Separation Agreement might be one, but in this video, I look at some other aspects of the mediation process that may also be valid reasons for success.If you think that mediation is the process for you, check out my website — ClarePiroMediation.com. [...]

May 4, 2022 -   While marriage is the usual path when two people are in love and want to live together, some couples decide to live together without being married and without bothering to get a cohabitation agreement. This may be all well and good until it isn’t. Without the Agreement, when the couple breaks up or one party dies, there can be a slew of problems around the joint property acquired during the relationship. If you would like more information about mediation, [...]

April 20, 2022 - {3 minutes to read} When I meet with clients who will have difficulty in making joint decisions about their children after the Separation Agreement is signed, the first thing we do is discuss a structure that will help them. If their level of conflict is so high that even after such a process, they STILL will be in conflict, we will discuss if they could agree to one parent making the final decisions. Or having one parent make final decisions regarding education issues [...]

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